Rental ordinance sent back to drawing board

Thursday

A proposed city ordinance to regulate short-term rental properties, like Airbnb rentals, through the city's zoning power will be sent back to the drawing board for further discussion.

The Columbia Planning and Zoning Commission hoped to vote to send the proposed ordinance to the Columbia City Council on March 7. By the end of a work session the commission held Thursday evening, the commission elected to hold further public discussion on the matter and punt the vote to the end of April.

In November and December the Planning and Zoning Commission held three workshops to hash out new rules to regulate short-term rental properties. During the 90-minute work session at City Hall, commissioners said they made progress, but also feel like they need to spend more time finalizing language in the proposed ordinance.

Some commissioners had concerns about the impact on residential areas. Others had concerns about the impact on commerce and property rights. Commissioner Anthony Stanton felt Airbnb and other short-term rental properties were created to allow homeowners to make money by renting out their homes while they leave town or stay elsewhere. Residential homes should have less restrictions, while homes and properties owned by businesses and developers should be more regulated, Stanton said.

"I think that was the spirit in the business model when it started," Stanton said. "I'm trying to stay as close to that as possible."

A draft of the ordinance dated Dec. 13 would classify short-term rentals as either owner-hosted or non-owner hosted. As proposed, owner-hosted short-term rentals may operate in single-family housing districts. In those areas, short-term rental owners would be able to offer no more than two sleeping rooms to rent in dwellings with a maximum of three guests.

Owner-hosted and non-owner-hosted short-term rental businesses would also be allowed in districts zoned for two family, multi-family, mixed use office space, mixed use neighborhood, mixed use downtown and mixed use corridor space. Owner-hosted renters in districts where short-term rentals are allowed, other than single-family districts, may offer no more than four rooms for rent to no more than four guests.

Occupancy of a dwelling owned by a non-owner hosted renter would be determined when a conditional use permit is granted.

A majority of the commission expressed support for letting short-term rentals operate in single-family residential districts. All commissioners also said they do not want short-term rentals to be regulated solely by the city's long-term rental laws and all want additional regulations to govern short-term rentals.

The commission split over whether the owner-hosted or non-owner hosted terms should be used.

In its current state, the proposed ordinance has drawn fierce scrutiny from local realtors, who feel the draft infringes on the rights of homeowners. Neighborhood watchdogs also criticized the draft leading up to the meeting because they felt the proposed rules infringe on the rights of homeowners who do not want nuisances from guests in their neighborhoods.

Members of the public at the meeting could sense that tension.

During one of the most contentious moments of the meeting, commissioner Sara Loe wondered how the city would enforce the limits on guests in short-term rentals. Columbia Development Services Manager Patrick Zenner conceded the regulations would be hard to enforce, but that the city would have power to enforce the regulations through their policing power.

Enforcement regulations still need to be drawn up and finalized, Zenner told the commission. Most likely the city would rely on public observations, escalating penalties for violating the rules and revocation of a renter's certificate of rental compliance, Zenner told the commission.

"We cannot be everywhere," Zenner said. "It is reactive. We can't be as proactive as I think we would like to be as an organization."

pjoens@columbiatribune.com

573-815-1722

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